sent 300 or 400 people around in an aircraft. if we can send three men to the moon we can send a spacecraft into space just like the enterprise. >> leonard nimoy will go to star in two movies based in san francisco, "invasion of the body snatchers" and" the voyage home." the 6:30 addition streams. we are back here in 30 minutes with cbs bay news area at 7:00. i will see you in exactly 30 minutes. thank you for watching. ♪ ♪ ♪ >> margaret: tonight, breaking news. the biden administration secures a deal with venezuela for the release of ten americans. why the white house is trying to repair relations with the major oil-producing country. ♪ ♪ new details about the americans

freed and why president biden made the tough call to release the venezuelan president's alleged moneyman from u.s. custody. donald trump back on the campaign trail after the bombshell court decision that could remove him from colorado's primary ballot. his g.o.p. rivals criticizing the move. >> this is a flagrant violation of the rule of law. >> margaret: renewed hope for another cease-fire between israel and hamas in exchange for the release of more hostages. the new warning about lithium-ion batteries. what you need to know for your holiday shopping. >> so pretty. >> margaret: and a hospital's holiday tradition is making spirits bright. >> i love it! [laughter] ♪ ♪ >> margaret: good evening to our viewers in the west. i'm margaret brennan in for norah o'donnell.

we begin tonight with new details about a major prisoner swap between the u.s. and venezuela. ten americans, including several the u.s. considered wrongfully detained, were released from that south american country today, in exchange for a close ally of venezuelan president nicolas maduro, a leader who himself is under u.s. indictment for narco trafficking. as part of the deal, an american fugitive known as "fat leonard," who fled the country before being sentenced for his role in a bribery and corruption case, will be sent back to the u.s. to face justice. the deal is one step in president biden's latest efforts to improve relations with maduro's venezuela, after offering sanctions relief this fall. that country is the source of the largest migrant crisis in the western hemisphere, directly impacting the u.s. border. cbs's ed o'keefe leads us off at the white house. good evening, ed. >> reporter: margaret, last year the biden administration sent a convicted murderer back to russia in exchange for wnba star brittney griner.

this time it was someone who was accused of money laundering, but now ten americans are back home, and a big fugitive is back in custody. president biden tonight heralding a deal that capped seven months of talks to get back detained americans. >> we have no higher priority than the release of detained or hostages come americans being held hostage. >> reporter: among the released, eyvin hernandez, public defender from los angeles who had been detained since march 2022. before his release, hernandez sent a letter to the president asking for help and recorded this audio message obtained exclusively by cbs news. >> there is nothing i want more than my own liberty and the liberty of my fellow brothers and sisters who are currently being held in captivity with me. >> reporter: also coming back to the u.s., leonard francis, widely known as "fat leonard," who had been awaiting sentencing for overseeing one of the most brazen bribery conspiracies in the u.s. navy's history, before escaping last year. a former military contractor, he pleaded guilty to bribing navy officers in exchange for classified information and for overcharging the military by millions.

in exchange, the u.s. sent back alex saab, someone close to maduro, accused by u.s. prosecutors of money laundering on behalf of maduro's government. the president defended that move tonight. >> why is it okay for the united states to be negotiating with maduro's government? >> it's okay because we freed americans, people who were held illegally. we made a deal with venezuela that they'll hold free elections. so far they have maintained the requirement. >> reporter: in venezuela, maduro embraced saab, who claimed his friend had been physically and psychologically tortured. u.s. officials tonight denied maduro's claims of torture. the deal took bipartisan condemnation out of concern whether it will embolden maduro, but families of the released americans thank the biden administration.

the mother of one detainee called the officials who negotiated the swap "rock stars." margaret? >> margaret: they are reunited for christmas. thank you, ed. the nation's highest court could soon find itself wading into presidential politics for the first time in more than two% decades. yesterday, the colorado state supreme court ruled that former president donald trump could be removed from that state's primary ballot. cbs's robert costa is following the fallout. >> reporter: former president donald trump fighting back against an unprecedented ruling in colorado, which founded the republican front-runner ineligible for the state's ballot. his lawyers vowed to appeal. >> can you believe what is going on in our country? >> reporter: the controversial 4-3 decision said that trump was disqualified from seeking the presidency due to his engagement in an insurrection and called out his direct and express efforts exhorting his supporters to march to the capitol. an appeal will likely pull the supreme court deeper into the 2024 election. >> will they take it?

i think most people would say they almost have to. and they have to move super quickly because colorado is going to finalize its ballot in about two weeks. >> reporter: tonight, the former president is asking the supreme court to put off weighing a separate issue, whether presidential immunity protects him in the 2020 election interference case. special counsel jack smith is asking the court to fast-track that question. with the first cast ballots of 2020 for less than a month away, trump's republican rivals have weighed in. >> this is all intentional. this is what the democrats and the left want. >> we should have this race fair and square, with him on the ballot just like everybody else. >> reporter: and across the aisle, president biden pulling no punches about january 6th. >> is trump an insurrectionist, sir? >> let the court make the decision. but he certainly supported an insurrection. no question about it. >> reporter: my top republican

sources tell me they don't expect trump's rivals to take him on directly on this but they expect them to ratchet up their concerns about the chaos that surrounds him, to use a word used by former u.n. ambassador nikki haley, as a way of getting to questions, margaret, about trump's electability. >> margaret: bob costa, thank you. we turn now to the crisis at the southern border of the u.s., where officials say more than 20,000 migrants were processed in the past two days. now the republican governor of texas is taking aggressive steps to stop illegal border crossings. cbs's omar villafranca reports tonight from eagle pass, texas. >> reporter: tonight, thousands of migrants sitting side-by-side in rows, overcrowding border towns and overwhelming border patrol agents. nearly 7900 migrants were apprehended every day last week across the southern border. up from an average of 6,000 a day in october. yesterday, more than 10,500 crossed. more than 4,000 alone here in the del rio center.

women and children can be seen weaving through razor-sharp concertina wire to claim asylum. the migrants in this makeshift staging area are technically not in federal custody as they wait to be processed. texas governor greg abbott signed sb-4 into law, and if it goes into effect in march, that means that state troopers and deputies could charge and arrest migrants like these behind me for illegally crossing the sheriff to but maverick county sheriff tom schmerber says his border community doesn't have the staff to enforce abbott's sb-4 law. >> it's taken away manpower from the, from the security that we are supposed to be doing here in the county. we don't want to do it. and it's going to be impossible. >> reporter: meanwhile, the desperation is mounting. in this disturbing video from last week, a woman is seen holding a young child while trying to cross the fast-moving rio grande. >> [shouting in spanish] >> reporter: she repeatedly

cries for help, telling nearby texas national guard and state troopers she is tired and doesn't want to drown, but they don't intervene. a cbp airboat also speeds by the scene. eventually, she makes it safely back to the mexican side. from here, these migrants are being taken by bus to laredo or del rio to be processed. and texas governor greg abbott says he will continue sending migrants by bus and now by plane to sanctuary cities. as for his immigration law, several civil rights groups have filed to try to stop the controversial measure. margaret? >> margaret: omar villafranca, thank you. president biden today said there is still no deal to bring home american hostages held by hamas in gaza. today, secretary of state antony blinken said hamas is holding up progress and that israel would be willing to return to a pause in military operations in return for a hostage release. imtiaz tyab reports tonight from jerusalem. >> reporter: gaza is gripped

with hunger. in the south, lines as far as the eye can see, as people wait hours for something to eat. according to the u.n., israel has only allowed 10% of the necessary food into gaza, pushing half the population of more than 2 million into starvation. as the israeli military continues to carry out massive strikes, hands poke out from under the rubble near rafah. more victims in this brutal 11-week war, which has already claimed the lives of over 20,000 palestinians, according to the hamas-run ministry of health. "i was with my cousin playing in the street," this little girl says. "a rocket exploded, and all of this rubble fell on top of us." but in what is being described as "intensive talks" on a new cease-fire, hamas' political leader, ismail haniyeh, arrived in cairo amid reports a breakthrough could be possible in the coming days. the gulf between israel and hamas remains huge. hamas says it will only discuss a permanent cease-fire, while

israel says it will only agree to limited humanitarian pauses until all hostages are released and hamas is defeated. "those who think we will stop are not connected to reality," prime minister benjamin netanyahu said. but after three hostages were accidentally killed by israeli soldiers, sparking fury across israel, and putting netanyahu under even more pressure to make a deal. and the u.n. security council has again delayed a vote on a new resolution to get desperately-needed aid into gaza, but there is a growing hope tonight the u.s. may actually support the resolution, with some changes, despite israel's staunch objections to it. margaret? >> margaret: that would be a big statement. imtiaz, thank you. the death toll from that recent east coast storm rose to at

least six after another victim was recovered in maine. in new jersey, more people were rescued from flooded homes today. two days after the region was hit with torrential rain. tonight, the severe weather threat is in the west. let's get the forecast from meteorologist chris warren with our partners at the weather channel. >> good evening, margaret. we are tracking a big system that is slow moving and expected to bring a lot of rain to california, then in some of the inland deserts, into arizona. the slow-moving nature of this means that several inches of rain could fall, leading to mudslides, rock slides, damaging winds are also possible, especially with some of the thunderstorms. chances for a white christmas limited to the mountains and perhaps to nebraska and some of the dakotas here, but what is going to be extremely noticeable on christmas eve and on christmas day, margaret, will be those temperatures that will be relatively warm, into the 50s for much of the great lakes. >> margaret: work resumed today to remove a more than century-old confederate monument at arlington national cemetery

in virginia, which was built on the site of general robert e. lee's family home. cbs's nicole sganga reports on the latest controversy over confederate history. >> reporter: a federal judge has cleared the way for this symbol of the american confederacy to be hoisted off its 32-foot pedestal. dismantled by crews at arlington national cemetery. the latest flash point in a years-long political debate, prompting deadly violence in charlottesville in 2017, and protests nationwide. the statue is just one of nearly 500 confederate symbols removed, renamed, or relocated since june 2015. scott powell is the spokesperson for defend arlington, the group that won a temporary restraining order stalling the statue's removal. >> this is very heavy equipment, and this is a pretty tightly packed cemetery. so it is very easy for there to be, you know, a disruption or a

damaging of a gravesite. >> reporter: but in a ruling tuesday, after touring the monument site himself, the judge called defend arlington's claims misinformed or misleading and ordered the removal to continue. rivka maizlish is with the southern poverty law center. >> the cause the confederacy had fought for in the civil war, but after losing that war decided to try to win a second war. a war of ideas. by putting up these symbols of white supremacy. >> reporter: is that war still being fought today? >> that war began right after lee surrendered, basically, and i think is still going on today. >> reporter: a spokesperson for arlington national cemetery said the statue will come down by friday. meanwhile, the virginia governor's office has announced plans to move it to new market battlefield state park in the shenandoah valley. margaret? >> margaret: nicole, thank you. as christmas fast approaches, fire officials are warning of the dangers of rechargeable

lithium-ion batteries. they have been blamed for sparking hundreds of fires, including some that turned deadly. cbs's elaine quijano reports on how you can protect your family. >> it was very unexpected. >> reporter: for the first time in 16 years, migdalia torres will spend the holidays without her partner. hiram echevarria was the father of her children and an artist. >> this is his artwork. >> reporter: who just turned 40 this year. >> i think they kind of knew already that the explosion was caused by the e-bike. >> reporter: this month, echevarria became the 18th person in new york city this year to die in a fire linked to a lithium-ion battery. if these rechargeable batteries are improperly made or used... [explosion] >> oh, my god. >> reporter: the results can be explosive. like this flaming battery and charger lighting up a california garage, and this fire caused by

a failed battery in a children's toy in texas. this is all evidence. >> yeah, this is all evidence. you know, each one of these caused either a massive fire or death, or both. these will go from, you know, nothing to a sudden explosion of fire. we see first responders not able to get in. >> reporter: gabe knight is with consumer reports. >> while the onus should absolutely be on the manufacturer, and should be on the seller, right now it is a little bit of buyer beware. >> reporter: consumer reports advice? always buy from reputable companies with safety certifications. don't mix different manufacturers' batteries and chargers. don't leave them charging them charging unattended or near flammable items. and don't block your exit path with these devices. migdalia torres hopes others heed the warnings as she grieves. >> he was practically my best friend. it was just real unfortunate. >> reporter: elaine quijano,

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authorities say a volcanic eruption in iceland is calming down, as they continue to monitor the air for toxic gas. the eruption opened a two-an-a-half mile long fissure, with lava blasting nearly 100 feet into the air. the lava is now less than 2 miles from the nearest village. residents have been told they will not be able to return home before christmas. tonight, a major recall involving approximately a million toyota vehicles. that consumer alert is next. ♪ ♪ >> announcer: if you can't watch the "cbs evening news," you can listen. subscribe wherever you get your podcasts.

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>> margaret: toyota is recalling roughly a million vehicles because of a defective airbag sensor. the recall affects various 2020-2022 camry, corolla, rav4, lexus, highlander, and sienna models. toyota says a short-circuit in the sensor could cause the airbags to malfunction. the sensors prevent the airbags from deploying if a small adult or child is sitting in the front

seat. volunteers at a children's hospital in texas are delivering joy this christmas. that's straight ahead. ♪ ♪ >> announcer: this portion of the "cbs evening news" is sponsored by the progressive keys to progress program, providing cars to veterans in need. ♪ ♪ for almost everything you own. -but do you really need... -my weighted hoop? it's for my snatched waist. that's my dog chaise lounger. foot treadmill. that's my tuesday chalice. purse that says purse. hyperbaric oxygen therapy chamber. i can't live without oxygen. solid gold coffee machine. -lake making kit. -really? -can progressive cover that too? -yes, but -- -hi it's janice. i'll take 5. is my voice on tv right now?

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>> margaret: we end tonight with a special g >> margaret: we end tonight with a special gift for some children who can't be at home for the holidays. here is cbs's janet shamlian. >> reporter: this is where william wilson will spend christmas: a hospital room, where the 8-year-old is fighting a blood disorder. >> it will stop hurting in just a minute, okay? >> reporter: surrounded by machines and tubes, it is not what a child dreams of. but at houston's texas children's hospital... >> do you want to look at those trees? >> reporter: there is magic beyond the medicine. >> you want that one? >> reporter: and the 16th floor looks like a high-end holiday store. >> so pretty. it's so beautiful and colorful. >> reporter: there is a barbie-themed tree. >> the choo-choo. >> reporter: sports teams and sweet treats. each child can choose one for their room. >> i like all of them. >> reporter: decorated by people who won't meet them. >> this is hard. >> it's really hard.

>> reporter: but who will make a difference in their holiday. >> what will it be like to have a tree like this in your room? >> i'm going to show it off to everybody. >> i like this one. >> that one? is that one the one? >> reporter: wilson went with a hot wheels tree. >> wow! thank you. >> reporter: much more than a christmas tree, it's the stability of tradition at an uncertain time. >> i love it! [laughter] >> reporter: janet shamlian, cbs news, houston. . the thank you, the i'm juliette goodrich, the rain is still around. we will talk about the areas that have potential flooding. the effects that the wet weather is having on people trying to get to

their holiday destination. two years since the mass shooting shook the area. how people are making sure the people that were affected have everything they need this holiday season. this is cbs news bay area with juliette goodrich. a wet wednesday. the heavy rain may be behind us. there are pockets of rain floating around us right now. not just the rain creating issues it is the standing water that it leaves behind. check out the pictures tweeted out by sonoma county fire. they say a red truck got stuck in the flood waters, luckily, everyone made it out okay. more chaos on the roadways created by the storms in montereo. we saw a rock slide on 116 and on 580 it was a big rig crashed in castro valley and pleasanton. backing up traffic all of the way to 880. the roadway is now back open. so